Gaborone — The Ministry of Infrastructure and Housing Development has welcomed the Administration of Justice’s decision to treat as urgent all public tender related cases before the High Court.
According to a press release from the ministry, the effect of the directive is that management and disposal of such cases will be expedited.
The release notes that as one of the few ministries mandated to deliver public infrastructure, the ministry has experienced delays in starting some projects as a result of unsatisfied unsuccessful bidders who sought legal intervention.
It says although the ministry respects the rights of any bidder to seek relief from the courts if not satisfied with a tender award process, it is frustrating to see such cases taking too long to be resolved in the process denying Batswana to benefit from projects such as hospitals, police stations or schools.
With the directive, all public infrastructure tenders would be treated as urgent and therefore disposed of within reasonable time which means delayed award and commencement of projects would be highly minimised, says the release.
However, it notes that the directive does not affect the Public Procurement and Asset Disposal Board (PPADB) and the Court of Appeal, which are also legal bodies where appeals by unsatisfied and unsuccessful bidders can be lodged.
The release says the ministry wishes to see these other entities adopting the same position as the High Court in order that delayed disposal of all cases relating to award of public tenders are given priority where they are lodged.
“The decision by the Chief Justice in relation to tender cases before the High Courts of Botswana was a good start that would see other appellant bodies adopting a similar stance,” states the release.
The Chief Justice Terence Rannowane has directed through Practice Directive No.1 of 2021 that cases relating to public tenders be deemed to be of exceptional public importance and treated urgently.
Source : BOPA